U.S. Department ofTransportation Federal Aviation Administration Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter ofProfessional Flight Transport Inc. FAA Case No. 2014S0190149 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED MAY 11 2015 HEARING DOCKET

Enclosedherewithplease find a copy ofa request for hearing and the original and one copy of the Complaintin the above-referenced proceeding. The FAArequests that the hearing in this matterbeheld inthe Miami Florida area, and expects that the hearing will last two days. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 Columbia Avenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223.

DEL TRICKH JOHNSON Attorney Office ofthe Regional Counsel EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERALAVIATION ADMINISTRATION, Complainant,
vs. Professional Flight Transport, Inc. Respondent. JUDGENOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. On April!, 2015, Respondent, Professional Flight Transport, Inc. d/b/aWindsor Jet Management (Windsor) was advised through a FinalNotice ofProposed Civil Penalty thatthe FAAproposed to assess a civilpenalty in the amount of$11,000. OnApril22, 2015, the AgencyAttorneyreceived a writtenrequest for a hearing from the Respondent. II. 2. At all times materialherein Respondent, Professional Flight Transport Inc., doing business as, Windsor JetManagement (Windsor) was and is now theholder ofAir Carrier CertificateNo. XPTA138K. 3. At all times material herein, Windsor's Operations Specifications authorized Windsor to conduct flights under Part 135 ofthe Federal Aviation Regulations. 4. On or aboutMarch 10,2014, Windsor operatedN962SS, Gulfstream G-IV. 5. The above-described flight consisted ofthe following segments:
a. Opa-Locka Executive Airport (KOPF) to St. John's International Airport (CYYT); and,b. St. John's International Airport (CYYT) to Bucharest Aurel Vlaicu International Airport (LRBS). 6. The above-described flight consisted ofa flight crew oftwo pilots. 7. Per the definition of"Flight Time" in 14 CPR § 1.1, flight time means pilot time that commences when an aircraft moves under its own power for the purpose offlight and ends whenthe aircraft comes to arest after landing. 8. According to the flight log for the above-described flight, the KOPF to CYYT flight segment consisted of4.2 flight hours. 9. According to the flight log for the above-described flight, the CYYT to LRBS flight segment consisted of7.4 flight hours. 10. According to the flight log for the above-described flight, Windsor operated N962SS a total for 11.6 flight hours. 11. The above-described 11.6 flight hours occurred during a consecutive 24-hour time period. 12. Prior to departure ofCYYT, Windsor knew that the flight from CYYT to LRBS wouldbemore than 5.8 flight hours. 13. Windsor's operation of N962SS on a Part 135 on-demand passenger flight in excess offlight duty limits was careless or reckless so as to endanger the life or property ofanother. III. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations:

a. Section 91.13(a) in that no person may operate an aircraft in a careless or reckless manner so as to endanger the life orproperty ofanother. b. Section 135.267(b)(2) in that except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time ofthe assigned flight when added to any other commercial flying by that flight crewmember may not exceed 10 hours for a flight crew consisting oftwo pilots qualified under this Part for the operationbeing conducted.c. Section 135.267(e) in that when a flight crewmember has exceeded the daily flight time limitations in this section, because of circumstances beyond the control of the certificate holder or flight crewmember (such as adverse weather conditions), that flight crewmember must have a rest period before being assigned or accepting an assignment for flight time of at least- (1) 11 consecutive hours ofrest ifthe flight time limitation is exceeded by not more than 30 minutes; (2) 12 consecutive hours ofrest ifthe flight time limitation is exceeded by more than 30 minutes, but not more than 60 minutes; and (3) 16 consecutive hours ofrest ifthe flight time limitation is exceeded bymore than 60 minutes. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penaltynot to exceed $1,100 for each ofthe violations alleged. Under the facts and circumstances ofthis case, a civil penalty of$11,000 is appropriate. WHEREFORE, the Agency, by counsel respectfullyrequests thatthe Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of$11,000. Respectfully submittedthis 

# 5 day ofMay, 2015.



# DE~ Attorney Office ofthe Regional Counsel PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has been mailed this date byCertified Mail, Return Receipt Requested, to the following: Professional Flight Transport, Inc. DBAWindsor Jet Management LilleyJames, Agent for Service Executive Airport Business Center 1835 S. Perimeter Rd. Suite 120 Ft. Lauderdale, FL 33309 Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 WilburWrightBuilding 800 Independence Avenue, SW Washington, DC 20591 Mark Goldstein, P.A. 2700 N. Military Trail, Suite 130 BocaRaton, FL 33431 

# l(rrororu



# ~·~ DONNA E. STANLEY Legal Assistant 'J

**~** J Dated (original 

### + 1 copy)U.S. Department of Transportation Federal Aviation Administration April 22, 2015 Mark B. Goldstein, P.A. 2700 N. Military Trail Suite 130 Boca Raton, Florida 33431 Office ofthe Chief Cou:1se! eoo Independence Ave., S.W. Washington, D.C. 20591

Re: Inthe Matter ofProfessional Flight Transport, Inc.. FDMS No. FAA-2015-0638 Dear 

### Mr. Goldstein: The Hearing Docket has received your request for

**h,~aring** in FAA Case No. 2014S0190149. We have assigned the above-referenced Federal Docket lv1anagemenl System (FDMS) number to this matter. Please include this FDMS number on a!l correspondence and on each document that you file with the Hearing Docket in this proceeding. No other docket number will be assigned. You will receive a letter from the Office ofHcanngs Gnce an administrative lawjudge is assigned to this case. FAA civil penalty actions are governed by the Rules ofPractice, 14 C.F.R. §§ 13.16 and 13.201- 13.235. The Rules ofPractice, as well as other 

### useful intc>nnation about civil penalty proceedings and indexes ofdecisions issued by the Administrator, may be found at: http

### ://wv-.w.faa.govIabout/office org/headqua

### 1.1!'rs_oli Icesiallc/poI adjudication/agc400/ civil penalty/. Be advised that documents filed with the Hearing Docket will be available publicly through the following Internet website: http://www.reguLaliouguv[. ifyou plan to file a document containing information that should not be made publicly available, you should file a motion under 14 C.F.R. § 13.226. Ifyou have any questions, please contact the Hearing Docket at (202) 267-0377. Sincerely,



# ~~Q~ Hearing Docket Clerk, AGC-430 

### "·



### . ;>\

\ 

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. ' j \ Cc: Deitrick Johnson, FAA

# Mark B. Goldstein, P.A. ATTORNEY AT LAW

April 9, 2015 

# RECEIVED APR 14 2015 

## HEARING DOCKET

VIA U.S. CERTiFIED MAIL RETURN RECEIPT REQUESTED FEDERAL AVIATION ADMINISTRATION 600 INDEPENDENCE AVENUE SW WILBUR WRIGHT BUILDING, SUITE 2W1000 WASHINGTON, DC 20591 ATTENTION HEARING DOCKET CLERK, AGC 430 Re: 2014S0190149-Professional Flight Transport, Inc. Gentlemen: We represent Professional Flight Transport, Inc. Request is hereby made for a hearing concerning the above-referenced matter. Ifyou should have any questions or comments concerning the foregoing, please feel free to contact me so that we may :discuss same.

MBG:agw · Cc: Deitrick Johnson, Esquire (via electronic mail) Client (via electronic mail)

2700 N. MILITARY TRAIL, Sum 130 • BOCA RATON, FLORIDA 33431 • TELEPHONE (561) 989-9955 'FACSIMILE (561) 989-9966 mbg@bizavlaw.com • www.bizavlaw.com